If you have two employees which are carrying out the same job role doing the same or similar work they need to be treated the same, as an employer you cannot treat one less favourably than the other.
If you were to pay one of the employees a different amount, this would be subjecting the one employee to a detriment due to their part time or full time employment.
Part time workers have the right to be treated no less favourably than colleague’s which are full time in a comparable job role. This includes:
- Same rates of pay
- Same opportunities to training (don’t exclude part time staff because they simply work part time)
- Same holiday entitlement based pro rata
- Treated no different if workers are selected from redundancy
- Have the same opportunities which are open to full time staff such as career break schemes
If a part time member of staff think they are being treated less favourably and if they are not satisfied with the discussion then they can ask for a written statement with an explanation of the less favourable treatment. The response should be within 21 days and if the member of staff is not happy with the reason then they could potentially bring a claim against you in an employment tribunal.
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